Estrada v. Macias et al
Filing
96
ORDER DENYING, without prejudice, Plaintiff's Fourth 94 Motion to Appoint Counsel, signed by Magistrate Judge Stanley A. Boone on 05/30/17. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DAVID ESTRADA,
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Plaintiff,
v.
TERESA MACIS, et al.,
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Defendants.
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Case No.: 1:15-cv-01292-AWI-SAB (PC)
ORDER DENYING, WITHOUT PREJUDICE,
PLAINTIFF’S FOURTH MOTION FOR
APPOINTMENT OF COUNSEL
[ECF No. 94]
Plaintiff David Estrada is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s fourth motion for appointment of counsel, filed May
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As Plaintiff was previously advised, there is no constitutional right to appointed counsel in this
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action, Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the court cannot require any
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attorney to represent plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. United States District
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Court for the Southern District of Iowa, 490 U.S. 296, 298 (1989). However, in certain exceptional
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circumstances the court may request the voluntary assistance of counsel pursuant to section
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1915(e)(1). Rand, 113 F.3d at 1525.
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Without a reasonable method of securing and compensating counsel, the court will seek
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volunteer counsel only in the most serious and exceptional cases. In determining whether
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“exceptional circumstances exist, the district court must evaluate both the likelihood of success on the
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merits [and] the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the
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legal issues involved.” Id. (internal quotation marks and citations omitted).
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In the present case, the Court does find that neither the interests of justice nor exceptional
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circumstances warrant appointment of counsel at this time. LaMere v. Risley, 827 F.2d 622, 626 (9th
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Cir. 1987); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991). Plaintiff is proceeding on a claim
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of deliberate indifference to a serious medical need and the legal issues present in this action are not
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complex, and Plaintiff has thoroughly set forth his allegations in the complaint.
While a pro se litigant may be better served with the assistance of counsel, so long as a pro se
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litigant, such as Plaintiff in this instance, is able to “articulate his claims against the relative
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complexity of the matter,” the “exceptional circumstances” which might require the appointment of
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counsel do not exist. Rand v. Rowland, 113 F.3d at 1525 (finding no abuse of discretion under 28
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U.S.C. § 1915(e) when district court denied appointment of counsel despite fact that pro se prisoner
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“may well have fared better-particularly in the realm of discovery and the securing of expert
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testimony.”) Based on the record in this case, Plaintiff is able to articulate his claims and litigate this
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action. Circumstances common to most prisoners, such as lack of financial resources, lack of legal
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education and limited law library access, do not establish exceptional circumstances that would
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warrant a request for voluntary assistance of counsel. Plaintiff’s arguments regarding discovery and
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litigation of this case are not exceptional circumstances warranting the appointment of counsel at this
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time. Accordingly, Plaintiff’s fourth motion for appointment of counsel is DENIED, without
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prejudice.
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IT IS SO ORDERED.
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Dated:
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May 30, 2017
UNITED STATES MAGISTRATE JUDGE
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